STATE OF KERALA Vs. G.KUTTAN PILLAI

JUDGEMENT

(1.) HEARD the learned senior Government Pleader, quite in extenso.

(2.) RESPONDENT was placed under suspension, while working as a Junior Superintendent of a Grama Panchayat. He was also holding additional charge of Secretary. He retired on 31.08.1999 with no disciplinary proceedings being initiated. He moved this Court for finalisation of retiral benefits. He was granted Ext.P1 judgment dated 24.01.2000 directing that if any vigilance enquiry is pending, that has to be concluded and the establishment was left with liberty to proceed with that. However, it was directed that the retired employee's pensionary benefits be sanctioned within a period of three months from that judgment. Nothing happened thereafter. He moved this Court again in 2004. The State Government said that a case has been registered under the Prevention of Corruption Act, 1988 and for offences punishable also under certain counts under the Indian Penal Code. Nothing has happened thereafter. The writ petition filed in 2004 was decided by the learned single Judge on 09.12.2011 noticing that it is not even evident as to what further proceedings were taken in the enquiry. In this appeal, it is stated that VC 4/2004/KLM was charge sheeted and CC No.32 of 2008 is pending trial in the Court of Enquiry Commissioner and Special Judge. The Government had, actually, required the Director (Vigilance and Anti Corruption Bureau) to take necessary action to withdraw that vigilance case. That request for withdrawal from prosecution was dismissed by that Court.

(3.) WITH the aforesaid, we do not find any ground to interfere with the discretionary relief granted by the learned single Judge directing regularisation of the period of suspension and release of pensionary benefits, more importantly because, the learned single Judge has left open the Government's right, if any, to recover amounts from the writ petitioner/respondent, if ultimately found due. In the result, this writ appeal is dismissed.